Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Aviation security

80B: Power of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas

You could also call this:

"Aviation security officers can search for and take away unsafe items at airports"

Aviation security officers can search you, your things, and vehicles before you enter a special area called a sterile area at the airport or when you're already in it. They do this to find items or substances that aren't allowed.

If they find something that's not supposed to be there, they can take it away to check if you have a good reason to have it. If you do have a good reason, they'll give it back to you or to the airline you're flying with.

If there's no good reason for you to have the item, the security officer can keep it, get rid of it, or give it to a police officer. They have to write down what they did with it if they give it to the police.

If the security officer thinks something is really dangerous right away, they can destroy it or get rid of it immediately.

These rules are there to keep everyone safe when flying or at the airport.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1031190.

Topics:
Transport and travel > Air travel
Previous

80A: Powers and duties of aviation security officer relating to dangerous goods, or

"Aviation security officers can check for and handle dangerous items before you board a plane"

Next

80C: Powers and duties of aviation security officers relating to security enhanced areas, or

"Airport security officers can check and remove unsafe items in special secure areas"

Part 8Aviation security

80BPower of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas

  1. Without limiting section 80 of this Act or section 12(1) of the Aviation Crimes Act 1972, an aviation security officer may, for the purpose of detecting any item or substance specified in a direction given under section 77A(1) or 77B(1), screen or search any person, item, substance, or vehicle—

  2. before the person, item, substance, or vehicle enters a sterile area:
    1. present in a sterile area.

      1. A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8) of the Aviation Crimes Act 1972.

      2. If an item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction under section 77A(1) or 77B(1) is detected in a search undertaken under subsection (1) or section 80 of this Act or section 12 of the Aviation Crimes Act 1972, and an aviation security officer has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area, the aviation security officer may seize and detain the item or substance for the purpose of determining whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area.

      3. If the aviation security officer determines that the item or substance may be lawfully carried into, or remain in, an aircraft or a sterile area, the aviation security officer must,—

      4. if practicable, return the item or substance to the person from whom it was seized; or
        1. if impracticable to return the item or substance to the person from whom it was seized, deliver the item or substance to the carrier of the aircraft that the person boarded or intended to board when the item or substance was seized.

          1. If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area, the aviation security officer may—

          2. detain the item or substance until it is dealt with in accordance with paragraph (b) or (c); or
            1. dispose of or destroy the item or substance; or
              1. deliver the item or substance to a constable.

                1. If an aviation security officer delivers an item or substance to a constable under subsection (5)(c), the aviation security officer must record the delivery and the relevant details of the seizure.

                2. Despite anything in this section, if the aviation security officer has reasonable grounds to believe that an item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance.

                Notes
                • Section 80B: inserted, on , by section 14(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                • Section 80B(5)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                • Section 80B(6): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).